-By Abhinav Sekhri This past week, a Three Justices' Bench had rendered its decision in the Tofan Singh reference [Crl. Appeal No. 152 of 2013, decided on 29.10.2020]. To recap, the reference had two questions placed before the Three Justices' Bench: Whether an officer of the central / state government investigating a case under the … Continue reading The Three Justices’ Bench decision in Tofan Singh
By Abhinav Sekhri (This is the fourth part of a multi-part series. Previous posts discussing Tofan Singh can be accessed here) The 2013 judgment by Two Justices' in Tofan Singh v. State of Tamil Nadu [(2013) 16 SCC 31 ("Tofan Singh")] had referred two interlinked issues arising under the Narcotic Drugs & Psychotropic Substances Act 1985 ("NDPS") … Continue reading The Tofan Singh Reference — Part 4: Summing Up
By Abhinav Sekhri The previous two posts in this series have discussed the facts in Tofan Singh, the relevant statutory provisions of the Narcotic Drugs and Psychotropic Substances Act 1985 [NDPS] and the Criminal Procedure Code 1973 [Cr.P.C.], and also the first proper issue posed in the reference: Whether officers of the central and / … Continue reading The Tofan Singh Reference — Part 3: Statements under Section 67 NDPS Act
By Abhinav Sekhri, Shashwat Bhutani and Rishabh Narain Singh This blog has introduced the scope of the reference in Tofan Singh and the statutory context of the NDPS Act. Which means that we can straightaway jump in to discuss the first question: Whether an officer who investigates a case under the NDPS Act is a "police officer", … Continue reading The Tofan Singh Reference — Part 2: NDPS Investigating Officers are Police Officers?
By Abhinav Sekhri In this first substantive post, the focus is on getting the facts straight. The legal issues that are bound to be raised turn on some very specific facts, and so it is critical to be sure of just what had happened in Tofan Singh. After having set out the facts, the post … Continue reading The Tofan Singh Reference — Part 1: Some Key Questions of Fact, and the Scheme of the NDPS Act
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